Practice point: A breach of confidentiality claim cannot be based on a review-related discussion of the employee’s test scores.
Students should note that the common interest privilege which attaches to a review-related discussion of the employee’s poor performance cannot be defeated by the employee’s conclusory allegations of malice.
Panghat v. New York Downtown Hospital , NY Slip Op 04818 (1st Dept. 2011 ).
Tomorrow’s issue is notice of claim.